Last week the National Labor Relations Board announced that it has again extended the time for the public to submit comments regarding its impending rule regarding joint employment. This is the second 30-day extension since the proposed rule was issued on Sept. 13, 2018, with its initial 60-day public comment period. According to the press release: “The National Labor Relations Board is extending the time for submitting comments regarding its proposed rulemaking to address…

On Dec. 7, the National Labor Relations Board (NLRB) announced a new strategic plan for its fiscal years 2019-2022. According to the agency’s press release: “The Strategic Plan contains four mission-related goals to support the vision of NLRB Chairman John Ring and General Counsel Peter Robb. These four mission-related goals include: (1) achieving a collective 20% increase (5% over each of four years) in timeliness in case processing of unfair labor practice charges, (2) achieving…

American labor law makes it relatively easy for workers to bring a union into an organization. Once at least 30 percent of a group of employees has signed a petition expressing a desire for a union to represent them, they can file that petition with the National Labor Relations Board (NLRB) and a vote will be scheduled. If more than 50 percent of the employees choosing to cast a ballot vote for the union, the union…

Unionized employers are painfully aware of their obligations to respond to what often feel like invasive information requests from the unions that represent their employees. The National Labor Relations Board has long held that unions are entitled to information requested from an employer so long as it is necessary for the union’s proper performance of its statutory duties as collective-bargaining representative. Determining whether that standard of relevance has been met in any given case is…

Employee safety is paramount. Companies regularly evaluate, modify, and implement policies and processes to ensure they provide safe places to work. If a company has a union, however, does the employer have to negotiate with the union before changing or implementing safety policies? A recent decision from the National Labor Relations Board (NLRB) shows the answer to that question often is “yes.” In a Nov. 20 decision in the case Orchids Paper Products Co.,…

With a tight 4-3 split last week, the Kentucky Supreme Court upheld the state’s right-to-work law in a lawsuit that called into question the legislation’s constitutionality. Kentucky became the 27th right-to-work state in early 2017 when it passed the aptly named “2017 Right to Work Act.” The legislation outlaws “union security” provisions in collective bargaining agreements. These provisions mandate that workers’ pay union dues as a condition of employment. The lawsuit, Zuckerman v. Bevin, was…

Since President Trump overhauled the makeup of the National Labor Relations Board (NLRB) last year, much change has been afoot. Aside from significant rulings being issued by the agency, various administrative and staffing changes have been contemplated and/or formally announced. The board also terminated its collective bargaining agreement with the union representing its staff members – the NLRB Professional Association – in order to renegotiate its terms. These changes have not been well received by at least some of…

Earlier this year, the National Labor Relations Board’s (NLRB) Inspector General issued a report concluding that current board Member William Emanuel should have recused himself from a significant decision at the end of 2017 involving joint employment under the National Labor Relations Act (NLRA) based on an alleged conflict of interest. As a result of that report, the 2017 decision was vacated. Since that time, the NLRB has announced it plans to tackle the joint employment issue via…

The Department of Labor (DOL) likely will be issuing new financial reporting rules for unions and their affiliates according to a recent report from Bloomberg Law. Federal laws, such as the Labor Management Reporting and Disclosure Act, require unions to file certain financial disclosure documents with the DOL detailing how they are spending their members’ dues money (e.g., officer salaries, etc.). According to the Bloomberg report, the DOL is preparing two likely proposals. The report…

The NLRB extended the comment period for its proposed new joint-employer rule, giving the public another 30 days to weigh in on what has been a hot-button issue for businesses who use staffing companies or franchise models. On Sept. 13, the National Labor Relations Board (NLRB) unveiled a proposed new rule regarding joint employment under the National Labor Relations Act (NLRA), which stands to make it more difficult for the board to impose a joint-employer…